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3. Plaintiff and Defendant are the owners, as tenants in
common, and are in legal possession of real property situate in
Penn Township, cumberland county, Pennsylvania, which property is
more particularly described in the Deed dated October 30, 1992, and
recorded in Cumberland county Deed Book Y, Volume 35, page 847. A
copy of said Deed is attached hereto and incorporated herein by
reference as Exhibit "A".
4. The property of Plaintiff and Defendant is encumbered by
Mortgages in favor of citFed Bancorp, Inc. and Norwest Consumer
Discount, said Mortgages being liens on all of the property herein
described. The original amounts of said liens are $42,500 and
$11,723, respectively.
5. No other encumbrances or liens on said property appear of
record, and no person or persons other than those above-described
are interested in said property.
6. Plaintiff has made mortgage payments on the property
without contribution from Defendant.
7. plaintiff desires to dispose of the property but has been
unable to arrive at a satisfactory arrangement with Defendant for
an amicable disposition thereof.
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B. Defendant has had exclusive possession of the property
since December 1994 when Plaintiff vacated the premises, and
Plaintiff is entitled to and hereby demands payment by Defendant to
her of one-half of the rental value of the property.
WHBREFORB, Plaintiff prays judgment as follows:
I. That the Court find and adjudicate that Plaintiff and
Defendant are each the owners and holders of an undivided one-half
interest in the above-described real property as hereinabove set
forth.
II. That a partition of said real property be made according
to the rights of the respective parties; or if a partition cannot
be had without material injury to those rights, that said property
be sold and the proceeds applied in the following order:
a. To the payment of the general costs of the
action;
b. To the cost of reference, if any;
c. To satisfy and cancel of record the lien of any
Mortgage by payment of the sum due or to become due
thereon;
d. To the payment of reasonable attorney's fees
incurred for the common benefit of the parties in this
action; and
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